Identifier
Created
Classification
Origin
08CANBERRA240
2008-03-12 07:06:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Canberra
Cable title:
SUPPLEMENTAL TIP QUESTIONAIRE RESPONSE - AUSTRALIA
how-toVZCZCXRO2331 PP RUEHPT DE RUEHBY #0240/01 0720706 ZNR UUUUU ZZH P 120706Z MAR 08 FM AMEMBASSY CANBERRA TO RUEHC/SECSTATE WASHDC PRIORITY 9166 INFO RUEHUL/AMEMBASSY SEOUL PRIORITY 9400 RUEHWL/AMEMBASSY WELLINGTON PRIORITY 5234 RUEHBN/AMCONSUL MELBOURNE PRIORITY 5058 RUEHPT/AMCONSUL PERTH PRIORITY 3341 RUEHDN/AMCONSUL SYDNEY PRIORITY 3247 RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY RUEAHLC/DEPT OF HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
UNCLAS SECTION 01 OF 03 CANBERRA 000240
SIPDIS
SENSITIVE
SIPDIS
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, AND EAP/RSP
E.O. 12958: N/A
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG ASEC AS
SUBJECT: SUPPLEMENTAL TIP QUESTIONAIRE RESPONSE - AUSTRALIA
REF: A) STATE 2731 B) CANBERRA 210
UNCLAS SECTION 01 OF 03 CANBERRA 000240
SIPDIS
SENSITIVE
SIPDIS
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, AND EAP/RSP
E.O. 12958: N/A
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG ASEC AS
SUBJECT: SUPPLEMENTAL TIP QUESTIONAIRE RESPONSE - AUSTRALIA
REF: A) STATE 2731 B) CANBERRA 210
1. (SBU) Below are supplemental responses to the questions
posed in ref A, which were initially answered in ref B. The
answers correspond to the question numbers in ref A.
PART I: OVERVIEW OF ACTIVITIES TO ELIMINATE TRAFFICKING
B. Sex Trafficking Arrests
--------------
On March 7, 2008, Australian Federal Police (AFP) arrested a
46-year-old Sydney woman who allegedly headed a
people-trafficking syndicate supplying South Korean women to
Australian brothels. The woman was arrested along with four
other people thought to be linked to the syndicate. The
joint operation with the Department of Immigration and
Citizenship (DIAC) uncovered an alleged organized sex
trafficking trade worth more than AUD $3 million a year.
Police allege the syndicate recruited women in Korea by
deceiving them about the conditions under which they would be
employed and then organized their entry into Australia under
false pretenses. The syndicate allegedly controlled the
women by applying financial pressure, confiscating their
travel documents and forcing them to work for up to 20 hours
a day in a Sydney brothel owned by the syndicate.
In a press release issued the day of the arrests, the AFP's
Tim Morris said the arrests highlighted the way DIAC and the
AFP worked together to stamp out the exploitation of those
who arrive in Australia seeking work. "This investigation
has dismantled a highly organized syndicate and prevented
more women from being lured into such terrible
circumstances," Assistant Commissioner Morris said. "While
the number of trafficking victims in Australia is low, this
is a very serious crime and the AFP continues to work with
other agencies, including the Korean National Police Agency,
to fight trafficking and provide support to victims."
DIAC First Assistant Secretary Lyn O'Connell said "this
operation is a good example of cooperation. Where DIAC
suspects a person may be trafficked, it refers the matter to
the AFP for further assessment." Part of DIAC's preventative
strategy against people trafficking is having specialist
Senior Migration Officer Compliance (Trafficking) positions
located in Bangkok, Beijing and Manila who vet caseloads for
fraud that may lead to trafficking. Ms O'Connell said the
aim was to prevent these activities at the source. "Where
offenses have occurred in relation to the Migration Act, DIAC
will be looking to pursue these matters," she said.
A 46-year-old Greenacre woman was charged with trafficking in
persons, debt bondage, deceptively recruiting for sexual
services, knowingly conducting a business that involves the
sexual servitude of others and dealing with proceeds of crime
worth $1 million or more under the Criminal Code Act 1995.
She has also been charged with offenses against the Migration
Act.
A 35-year-old Korean woman was charged with trafficking in
persons and knowingly conducting a business that involves the
sexual servitude of others under the Criminal Code Act 1995.
She has also been charged with Migration Act offenses in
relation to a fraudulent application for permanent residence
Qrelation to a fraudulent application for permanent residence
by arranging a non-genuine marriage to an Australian citizen.
A 42-year-old Hornsby woman was charged with knowingly
conducting a business that involves the sexual servitude of
others and dealing with proceeds of crime worth $1 million or
more under the Criminal Code Act 1995.
A 28-year-old Ultimo man and a 23-year-old Lidcombe man were
charged with knowingly conducting a business that involves
the sexual servitude of others and dealing with proceeds of
crime worth $100,000 or more under the Criminal Code Act 1995.
The maximum penalty for the people trafficking offenses is 15
years imprisonment. The maximum penalty for the proceeds of
crime offenses is 25 years imprisonment and/or a $165,000
fine.
CANBERRA 00000240 002 OF 003
The employer also faces being charged with aggravated
offenses under the Migration Act. Penalties for these
offenses are five years' imprisonment and fines up to $33,000
for individuals and $165,000 per illegal worker for companies.
Labor Trafficking Enforcement
--------------
On March 12, 2008, a federal magistrates court in Perth fined
construction company Hanssen Pty AUD $174,000 for exploiting
five Irish and Filipino workers who were in Australia
temporarily on 457 work visas. The employees were told to
sign undated individual work agreements and not given the
required information statements that explained their rights.
If the employees refused to sign, they were told they would
lose their jobs and be sent back home. This was the largest
fine ever imposed under the Workplace Relations Act.
PART IV: PREVENTION
G. As part of the Government's anti-people trafficking
communications strategy, advertisements encouraging
trafficking victims and concerned members of the community to
call an AFP hotline have been running in major metropolitan
and suburban newspapers since January 2006. The
advertisements help prevent the occurrence of people
trafficking in the community and are also effective in
raising general awareness about sex trafficking and, in turn,
reducing its demand.
PART V: NOMINATION OF BEST PRACTICES
AusAID's Child Protection Policy
--------------
(Note: This policy will be launched on March 27 in Canberra
by AusAID. This information cannot be publicly released
before this date). The Australian Agency for International
Development (AusAID) has introduced a comprehensive child
protection policy, covering all aspects of the agency's
operations, and applying both to AusAID staff and to all
contractors and non-governmental organizations funded by the
agency. The policy, launched in March 2008, was developed to
provide a clear overall framework for managing and reducing
risks of child abuse by persons engaged in delivering
Australian aid program activities.
An innovative aspect of AusAID's child protection policy is
the inclusion of mandatory child protection compliance
standards for contractors and NGOs. For instance,
contracting firms and NGOs must have their own child
protection policies, and must obtain criminal record checks
for personnel who work with children. AusAID will not
knowingly engage anyone who poses an unacceptable risk to
children, nor fund any individual or organization that does
not meet the child protection compliance standards. Policy
compliance will be actively monitored by AusAid.
Other key elements of the policy include enhanced codes of
conduct for AusAID officials, updated risk management
guidance for designing development activities, strengthened
recruitment and screening processes, and mandatory provision
of training on child protection matters to AusAID officials
posted overseas.
Australia's Regional Efforts to Combat Trafficking
-------------- --------------
The AFP carries out substantial offshore preventative work in
the Asia-Pacific Region to combat people trafficking.
Qthe Asia-Pacific Region to combat people trafficking.
Working with regional partners, the AFP has conducted
training for senior police in the investigation of sexual
offenses, gender awareness, and a Code of Conduct for Law
Enforcement Officials developed by the Office of the UN High
Commissioner for Human Rights. The AFP has developed a
specialist investigations training package, dealing with
legislation, investigative methodologies, trafficking trends,
intelligence targeting and victim liaison.
In September 2007, the AFP conducted an International
Management of Serious Crime course in Australia, with Human
Trafficking one of the topics, drawing participants from 13
CANBERRA 00000240 003 OF 003
Asia-Pacific countries for the three-week program.
As Thailand is the primary source country for trafficking
victims destined for Australia, AFP members in Bangkok work
very closely with the Royal Thai Police Crime Against Child,
Juvenile and Woman Suppression Division (RTP CWD) in relation
to transnational investigations involving human trafficking
and child sex tourism. Capacity building for RTP CWD
included a two-week surveillance training program in March
2007, which complemented surveillance equipment previously
provided to the unit by the AFP. In recognizing the
importance of victim welfare in human trafficking and child
sex tourism investigations, AFP Bangkok works closely with
the Department of Social Development and Welfare, from the
initial referral of suspected victims to the management of
victims providing evidence as witnesses in Australian and
Thai trials.
The AFP also works closely with DIAC posted agents in
Bangkok, Beijing and Manila. AFP Bangkok conducts regular
meetings with and provides operational cooperation to other
foreign law enforcement representatives to enhance
intelligence sharing and investigations into child sex
tourism and human trafficking investigations in Thailand.
MCCALLUM
SIPDIS
SENSITIVE
SIPDIS
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, AND EAP/RSP
E.O. 12958: N/A
TAGS: ELAB KCRM KFRD KWMN PHUM PREF SMIG ASEC AS
SUBJECT: SUPPLEMENTAL TIP QUESTIONAIRE RESPONSE - AUSTRALIA
REF: A) STATE 2731 B) CANBERRA 210
1. (SBU) Below are supplemental responses to the questions
posed in ref A, which were initially answered in ref B. The
answers correspond to the question numbers in ref A.
PART I: OVERVIEW OF ACTIVITIES TO ELIMINATE TRAFFICKING
B. Sex Trafficking Arrests
--------------
On March 7, 2008, Australian Federal Police (AFP) arrested a
46-year-old Sydney woman who allegedly headed a
people-trafficking syndicate supplying South Korean women to
Australian brothels. The woman was arrested along with four
other people thought to be linked to the syndicate. The
joint operation with the Department of Immigration and
Citizenship (DIAC) uncovered an alleged organized sex
trafficking trade worth more than AUD $3 million a year.
Police allege the syndicate recruited women in Korea by
deceiving them about the conditions under which they would be
employed and then organized their entry into Australia under
false pretenses. The syndicate allegedly controlled the
women by applying financial pressure, confiscating their
travel documents and forcing them to work for up to 20 hours
a day in a Sydney brothel owned by the syndicate.
In a press release issued the day of the arrests, the AFP's
Tim Morris said the arrests highlighted the way DIAC and the
AFP worked together to stamp out the exploitation of those
who arrive in Australia seeking work. "This investigation
has dismantled a highly organized syndicate and prevented
more women from being lured into such terrible
circumstances," Assistant Commissioner Morris said. "While
the number of trafficking victims in Australia is low, this
is a very serious crime and the AFP continues to work with
other agencies, including the Korean National Police Agency,
to fight trafficking and provide support to victims."
DIAC First Assistant Secretary Lyn O'Connell said "this
operation is a good example of cooperation. Where DIAC
suspects a person may be trafficked, it refers the matter to
the AFP for further assessment." Part of DIAC's preventative
strategy against people trafficking is having specialist
Senior Migration Officer Compliance (Trafficking) positions
located in Bangkok, Beijing and Manila who vet caseloads for
fraud that may lead to trafficking. Ms O'Connell said the
aim was to prevent these activities at the source. "Where
offenses have occurred in relation to the Migration Act, DIAC
will be looking to pursue these matters," she said.
A 46-year-old Greenacre woman was charged with trafficking in
persons, debt bondage, deceptively recruiting for sexual
services, knowingly conducting a business that involves the
sexual servitude of others and dealing with proceeds of crime
worth $1 million or more under the Criminal Code Act 1995.
She has also been charged with offenses against the Migration
Act.
A 35-year-old Korean woman was charged with trafficking in
persons and knowingly conducting a business that involves the
sexual servitude of others under the Criminal Code Act 1995.
She has also been charged with Migration Act offenses in
relation to a fraudulent application for permanent residence
Qrelation to a fraudulent application for permanent residence
by arranging a non-genuine marriage to an Australian citizen.
A 42-year-old Hornsby woman was charged with knowingly
conducting a business that involves the sexual servitude of
others and dealing with proceeds of crime worth $1 million or
more under the Criminal Code Act 1995.
A 28-year-old Ultimo man and a 23-year-old Lidcombe man were
charged with knowingly conducting a business that involves
the sexual servitude of others and dealing with proceeds of
crime worth $100,000 or more under the Criminal Code Act 1995.
The maximum penalty for the people trafficking offenses is 15
years imprisonment. The maximum penalty for the proceeds of
crime offenses is 25 years imprisonment and/or a $165,000
fine.
CANBERRA 00000240 002 OF 003
The employer also faces being charged with aggravated
offenses under the Migration Act. Penalties for these
offenses are five years' imprisonment and fines up to $33,000
for individuals and $165,000 per illegal worker for companies.
Labor Trafficking Enforcement
--------------
On March 12, 2008, a federal magistrates court in Perth fined
construction company Hanssen Pty AUD $174,000 for exploiting
five Irish and Filipino workers who were in Australia
temporarily on 457 work visas. The employees were told to
sign undated individual work agreements and not given the
required information statements that explained their rights.
If the employees refused to sign, they were told they would
lose their jobs and be sent back home. This was the largest
fine ever imposed under the Workplace Relations Act.
PART IV: PREVENTION
G. As part of the Government's anti-people trafficking
communications strategy, advertisements encouraging
trafficking victims and concerned members of the community to
call an AFP hotline have been running in major metropolitan
and suburban newspapers since January 2006. The
advertisements help prevent the occurrence of people
trafficking in the community and are also effective in
raising general awareness about sex trafficking and, in turn,
reducing its demand.
PART V: NOMINATION OF BEST PRACTICES
AusAID's Child Protection Policy
--------------
(Note: This policy will be launched on March 27 in Canberra
by AusAID. This information cannot be publicly released
before this date). The Australian Agency for International
Development (AusAID) has introduced a comprehensive child
protection policy, covering all aspects of the agency's
operations, and applying both to AusAID staff and to all
contractors and non-governmental organizations funded by the
agency. The policy, launched in March 2008, was developed to
provide a clear overall framework for managing and reducing
risks of child abuse by persons engaged in delivering
Australian aid program activities.
An innovative aspect of AusAID's child protection policy is
the inclusion of mandatory child protection compliance
standards for contractors and NGOs. For instance,
contracting firms and NGOs must have their own child
protection policies, and must obtain criminal record checks
for personnel who work with children. AusAID will not
knowingly engage anyone who poses an unacceptable risk to
children, nor fund any individual or organization that does
not meet the child protection compliance standards. Policy
compliance will be actively monitored by AusAid.
Other key elements of the policy include enhanced codes of
conduct for AusAID officials, updated risk management
guidance for designing development activities, strengthened
recruitment and screening processes, and mandatory provision
of training on child protection matters to AusAID officials
posted overseas.
Australia's Regional Efforts to Combat Trafficking
-------------- --------------
The AFP carries out substantial offshore preventative work in
the Asia-Pacific Region to combat people trafficking.
Qthe Asia-Pacific Region to combat people trafficking.
Working with regional partners, the AFP has conducted
training for senior police in the investigation of sexual
offenses, gender awareness, and a Code of Conduct for Law
Enforcement Officials developed by the Office of the UN High
Commissioner for Human Rights. The AFP has developed a
specialist investigations training package, dealing with
legislation, investigative methodologies, trafficking trends,
intelligence targeting and victim liaison.
In September 2007, the AFP conducted an International
Management of Serious Crime course in Australia, with Human
Trafficking one of the topics, drawing participants from 13
CANBERRA 00000240 003 OF 003
Asia-Pacific countries for the three-week program.
As Thailand is the primary source country for trafficking
victims destined for Australia, AFP members in Bangkok work
very closely with the Royal Thai Police Crime Against Child,
Juvenile and Woman Suppression Division (RTP CWD) in relation
to transnational investigations involving human trafficking
and child sex tourism. Capacity building for RTP CWD
included a two-week surveillance training program in March
2007, which complemented surveillance equipment previously
provided to the unit by the AFP. In recognizing the
importance of victim welfare in human trafficking and child
sex tourism investigations, AFP Bangkok works closely with
the Department of Social Development and Welfare, from the
initial referral of suspected victims to the management of
victims providing evidence as witnesses in Australian and
Thai trials.
The AFP also works closely with DIAC posted agents in
Bangkok, Beijing and Manila. AFP Bangkok conducts regular
meetings with and provides operational cooperation to other
foreign law enforcement representatives to enhance
intelligence sharing and investigations into child sex
tourism and human trafficking investigations in Thailand.
MCCALLUM